PALM BEACH — Enacting the legal world’s version of “I wanna speak to your manager,” Boca Raton attorney James Herb, whose attempts to get President Donald Trump declared incompetent have thus far been shut down by Florida courts, has now petitioned the U.S. Supreme Court on the matter.
Herb, a guardianship attorney well-versed in matters of mental capacity, called for a panel of experts to interview Trump and weigh in on his mental health before the 45th president was even elected. Palm Beach County Circuit Judge Jaimie Goodman rejected filings made by Herb before and after the election, as did a Florida appeals court.
Herb’s 67-page petition, filed Thursday, also asks the Supreme Court to rule on whether a president’s immunity from lawsuits provides any similar immunity to a mental assessment at the state court level. The attorney also wants to nail down whether the First Amendment protects Trump from an expert analysis of statements he’s made that show signs of histrionic and narcissistic personality disorders.
Finally, Herb queried if the 25th Amendment (regarding the ascension of the vice president to the presidency if a president dies or becomes incapacitated) could act as a barrier to a state court’s determination of a president’s mental health.
Trump, of course, has asserted via his favored platform of Twitter that he is “a very stable genius,” a statement which prompted the raising of a great many eyebrows, not least of all Herb’s.
Presumably Herb began his crusade in the Palm Beach County court not only due to the ease of his own proximity, but because Trump is so often resident in the county owing to his many trips to his Mar-a-Lago resort.
The U.S. Supreme Court accepts only a small percentage of the petitions it receives in any given year, so there’s no guarantee that Herb’s case will find legs in that venue either. In the meantime, the loose-lipped president will no doubt continue to grant his petitioner plenty of new ammunition to build his case.